The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. (...)constitution. Apart from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

In metaphysics, the view that material constitution is transitive is ubiquitous, an assumption expressed by both proponents and critics of constitution views. Likewise, it is typically assumed within the philosophy of mind that physical realization is a transitive relation. In both cases, this assumption of transitivity plays a role in discussion of the broader implications of a metaphysics that invokes either relation. Here I provide reasons for questioning this assumption and the uses to which this appeal (...) to transitivity is put. As my title suggests, I shall focus on the case of material constitution, using a brief discussion of realization at the outset to motivate the discussion of the transitivity of material constitution at the core of the paper. (shrink)

While ideal interventions are acknowledged by many as valuable tools for the analysis of causation, recent discussions have shown that, since there are no ideal interventions on upper-level phenomena that non-reductively supervene on their underlying mechanisms, interventions cannot—contrary to a popular opinion—ground an informative analysis of constitution. This has led some to abandon the project of analyzing constitution in interventionist terms. By contrast, this paper defines the notion of a horizontally surgical intervention, and argues that, when combined with (...) some innocuous metaphysical principles about the relation between upper and lower levels of mechanisms, that notion delivers a sufficient condition for constitution. This, in turn, strengthens the case for an interventionist analysis of constitution. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning (...) human rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

In this paper we examine different answers to the question of what we are, focusing in particular on eliminative and reductivist proposals about persons or selves. We conclude that, as of today, dualism seems more reasonable than naturalism, if by naturalism we understand the thesis that psychological entities can be reduced or eliminated.

The central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, on the basis (...) of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions (...) are secondary to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

Is a bank note identical with the piece of paper of which it consists? On the one hand, John Searle, in his reply to Barry Smith, suggests that they are “one and the same object” that is a social or non-social object only under certain descriptions. On the other hand, Lynne Rudder Baker puts forward the claim that bank note and paper are distinct entities that are bound together by the relation of material constitution. I suggest two possible (...) analyses for Searle’s description relativity claim, the Alternative Subject Analysis and the Predicate Modification Analysis. On both accounts his identity claim gets into serious trouble. While Baker’s definition of material constitution deals well with the bank note example, it fails to account for the constitution of bearerless social entities and groups. I point out five respects in which social constitution can differ from Baker’s account of material constitution and discuss compositional, institutional and interactional constitution as additional varieties of social constitution. (shrink)

Consciousness is a natural phenomenon, the object of a flourishing area of research in the natural sciences – research whose primary goal is to identify the neural correlates of consciousness. This raises the question: why is there need for a philosophy of consciousness? As we see things, the need for a philosophy of consciousness arises for two reasons. First, as a young and energetic science operating as yet under no guiding paradigm, the science of consciousness has been subject to considerable (...) confusion regarding its methodological, conceptual, and philosophical foundations, and it is philosophy’s mandate to address such confusion in an attempt to regiment scientific practice. Secondly, the identification of a neural feature that correlated perfectly with consciousness would still leave open a certain metaphysical question: is the relation between consciousness and the relevant neural feature merely correlation, or is that correlation indicative of a deeper, more intimate relation between the two? In this paper, we offer an opinionated overview of the philosophy of consciousness as it addresses these two dimensions of consciousness research. (shrink)

According to a view I’ll call Epistemic Normativism, knowledge is normative in the same sense in which paradigmatically normative properties like justification are normative. This paper argues against EN in two stages and defends a positive non-normativist alternative. After clarifying the target in §1, I consider in §2 some arguments for EN from the premise that knowledge entails justification. I first raise some worries about inferring constitution from entailment. I then rehearse the reasons why some epistemologists reject the Entailment (...) Thesis and argue that a non-normativist picture provides the best explanation of all the intuitions surrounding this thesis, favorable and unfavorable. On this picture, human knowledge is a structured non-normative complex that has as one of its parts a justification-making property, analogous in role to good-making properties like pleasurableness. After giving three arguments against EN in §3 and answering an objection in §4, I turn in §5 to further develop the positive view sketched in §2. In §6, I take stock and conclude. (shrink)

This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are the (...) source of physical modality. Humeanism is the best known such approach, but there are other less well-known approaches. The second way, the second degree, is that the source of physical modality lies in certain second-order facts, involving a relation between universals. Armstrong’s necessitarianism and other views are second-degree views. The third way, the third degree, holds that properties themselves are the source of physical modality. This is the powers view. I examine four ways of developing the third degree: relational constitution, graph-theoretic structuralism, dispositional roles, and powerful qualities. All these ways are either incoherent, or just disguised versions of the first-degree. The new metaphysics of powers is illusory. With the collapse of the third degree, the second degree, the necessitarian view of law, collapses as well. I end the paper with some reflections on the first degree, on the problem of explaining necessary connections between distinct existences, and on the dim prospects of holist ontology. (shrink)

Religion is a deriving force for social change in India since ancient times. Although we boast about ancient Indian ideals of social stratification, which made a long lasting discrimination within society, and most of the times we do not do any justice to social-political life of a billion peoples. The study of the relation between religion and politics showed that this relation always made a problematic situation for the indigenous people and always benefitted invaders. The idea of the (...) interface or mixing of religion and politics being problematic and potentially dangerous is a byproduct of the rise of secularism, often regarded as one of the hallmarks of modern society. The concept of social justice is an important concept for the social-political harmony in present times. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social justice is a public and collective good that involves an equitable sharing of the earth’s power, resources and opportunities to enable people individually and collectively to develop their talents to the fullest. Its realisation requires social relations embedded in trust, acceptance, mutuality, reciprocity and solidarity. Under Indian Constitution the use of social justice is accepted in wider sense, which includes social and economical justice both. Ancient social structure allows us to see the discrimination made to indigenous people with reference to their socio-political life. These evils not only effects Hindu social order rather it also haunts the social structure of newly established religions in Indian continent. The objective of this paper is to disuses the role of religions in imparting social justice to Indian socio-political structure of our society. First we will see the place of religion in society then sees its effect on socio-political order whether it is affirmative or negative which allow us to make any rational conclusion. (shrink)

This article aims to indicate possible approximations between the Lacanian concept of object a and the Winnicottian concept of transitional object. Initially, the Lacanian references to Winnicott’s work are mostly critics, e.g. in the Seminar 4 (1956-1957/1995), which debates the issue of object relation. Nevertheless, a few years later, in the Seminar 15 (1967-1968), an association between the object a and the transitional object is explicitly stated by Lacan, accompanied by a strong recognition of the English psychoanalyst’s work. Through (...) this demarche, it should be clear the importance of the objects to the subjective constitution from the point of view of a psychoanalytical theory. Keywords: transitional object; object a; object relation; Winnicott; Lacan. (shrink)

Constitutive mechanistic explanations are said to refer to mechanisms that constitute the phenomenon-to-be-explained. The most prominent approach of how to understand this constitutionrelation is Carl Craver’s mutual manipulability approach to constitutive relevance. Recently, the mutual manipulability approach has come under attack (Leuridan 2012; Baumgartner and Gebharter 2015; Romero 2015; Harinen 2014; Casini and Baumgartner 2016). Roughly, it is argued that this approach is inconsistent because it is spelled out in terms of interventionism (which is an approach to (...) causation), whereas constitutive relevance is said to be a non-causal relation. In this paper, I will discuss a strategy of how to resolve this inconsistency, so-called fat-handedness approaches (Baumgartner and Gebharter 2015; Casini and Baumgartner 2016; Romero 2015). I will argue that these approaches are problematic. I will present a novel suggestion of how to consistently define constitutive relevance in terms of interventionism. My approach is based on a causal interpretation of mutual manipulability, where manipulability is interpreted as a causal relation between the mechanism’s components and temporal parts of the phenomenon. (shrink)

Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has (...) been to strengthened state capacities of public power and law against the encroachment of private interests into the state. In spite of this continuity considerable changes can however be observed in the substantial economic policies advanced due to the switch from a Keynesian to a monetarist economic paradigm. It is suggested that the debate on constitutional imbalances between the EU’s economic and social constitutions should be seen in this light. (shrink)

‘Space does not exist fundamentally: it emerges from a more fundamental non-spatial structure.’ This intriguing claim appears in various research programs in contemporary physics. Philosophers of physics tend to believe that this claim entails either that spacetime does not exist, or that it is derivatively real. In this article, I introduce and defend a third metaphysical interpretation of the claim: reductionism about space. I argue that, as a result, there is no need to subscribe to fundamentality, layers of reality and (...) emergence in order to analyse the constitution of space by non-spatial entities. It follows that space constitution, if borne out, does not provide empirical evidence in favour of a stratified, Aristotelian in spirit, metaphysics. The view will be described in relation to two particular research programs in contemporary physics: wave function realism and loop quantum gravity. (shrink)

Agents are often assumed to have degrees of belief (“credences”) and also binary beliefs (“beliefs simpliciter”). How are these related to each other? A much-discussed answer asserts that it is rational to believe a proposition if and only if one has a high enough degree of belief in it. But this answer runs into the “lottery paradox”: the set of believed propositions may violate the key rationality conditions of consistency and deductive closure. In earlier work, we showed that this problem (...) generalizes: there exists no local function from degrees of belief to binary beliefs that satisfies some minimal conditions of rationality and non-triviality. “Locality” means that the binary belief in each proposition depends only on the degree of belief in that proposition, not on the degrees of belief in others. One might think that the impossibility can be avoided by dropping the assumption that binary beliefs are a function of degrees of belief. We prove that, even if we drop the “functionality” restriction, there still exists no local relation between degrees of belief and binary beliefs that satisfies some minimal conditions. Thus functionality is not the source of the impossibility; its source is the condition of locality. If there is any non-trivial relation between degrees of belief and binary beliefs at all, it must be a “holistic” one. We explore several concrete forms this “holistic” relation could take. (shrink)

: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to (...) emerge in the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body. (shrink)

Adverbialist theories of thought such as those advanced by Hare and Sellars promise an ontologically sleek understanding of a variety of intentional states, but such theories have been largely abandoned due to the ‘many-property problem’. In an attempt to revitalize this otherwise attractive theory, in a series of papers as well as his recent book, Uriah Kriegel has offered a novel reply to the ‘many-property problem’ and on its basis he argues that ‘adverbialism about intentionality is alive and well’. If (...) true, Kriegel will have shown that the logical landscape has long been unnecessarily constrained. His key idea is that the many-property problem can be overcome by appreciating that mental states stand in the determinable–determinate relation to one another. The present paper shows that this relation can’t save adverbialism because it would require thinkers to think more thoughts than they need be thinking. (shrink)

Are the sculpture and the mass of gold which permanently makes it up one object or two? In this article, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. We (...) motivate this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self- (...) class='Hi'>constitution view to emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

A subject S's belief that Q is well-grounded if and only if it is based on a reason of S that gives S propositional justification for Q. Depending on the nature of S's reason, the process whereby S bases her belief that Q on it can vary. If S's reason is non-doxastic––like an experience that Q or a testimony that Q––S will need to form the belief that Q as a spontaneous and immediate response to that reason. If S's reason (...) is doxastic––like a belief that P––S will need to infer her belief that Q from it. The distinction between these two ways in which S's beliefs can be based on S's reasons is widely presupposed in current epistemology but––we argue in this paper––is not exhaustive. We give examples of quite ordinary situations in which a well-grounded belief of S appears to be based on S's reasons in neither of the ways described above. To accommodate these recalcitrant cases, we introduce the notion of enthymematic inference and defend the thesis that S can base a belief that Q on doxastic reasons P1, P2, …, Pn via inferring enthymematically Q from P1, P2, …, Pn. (shrink)

This paper argues that the concept of the Earth plays a pivotal role in Merleau-Ponty’s thinking in two ways. First, the concept assumes a special importance in terms of Merleau-Ponty’s relation to Husserl via the fragment known as “The Earth Does Not Move.” Two, from this fragment, the Earth marks a key theme around which Merleau-Ponty’s late philosophy revolves. In particular, it is with the concept of the Earth that Merleau-Ponty will develop his archaeologically oriented phenomenology. To defend this (...) claim, the paper unfolds in three stages. First, I provide a preliminary reading of Husserl’s fragment, focusing in particular on the co-constitution of body and Earth. Two, I turn to Merleau-Ponty’s interpretations of this fragment, especially in the lectures on nature and then in the later lectures on Husserl. From these varying interpretations, the germs of Merleau-Ponty’s archaeological phenomenology are conceived. Accordingly, in the final part of the paper, I claim that Merleau-Ponty’s account of the Earth is Husserlian insofar as it reinforces the primordial “ground (sol) of experience” but at the same time marks a departure from Husserl insofar as the Earth registers a brute or wild layer that resists phenomenology. (shrink)

In the Sociology of Emotion and Affect Studies, affects are usually regarded as an aspect of human beings alone, or of impersonal or collective atmospheres. However, feelings and emotions are only specific cases of affectivity that require subjective inner selves, while the concept of ‘atmospheres’ fails to explain the singularity of each individual case. This article develops a theory of social affect that does not reduce affect to either personal feelings or collective emotions. First, I use a Spinozist understanding of (...) the ‘body’ to conceptualize the receptivity and mutual constitution of bodies, to show how affects do not ‘belong’ to anybody; they are not solely attributable either to the human or to any kind of body alone, but emerge in situations of the encounter and interaction . Next I build upon Jean-Marie Guyau’s concept of transmissions to show how we can theorize affect as an emerging transmission between and among bodies. Finally, I demonstrate how we now have a complete conceptual frame for theorizing affect in relation to all bodies in any given social scene, the grand composition of which I call affectif. (shrink)

This paper presents Cusanus’ dialogue of 1462, named after and centred on the concept of non-aliud, and exploits its speculative resources for conceiving the relationship between God and the realm of finite entities. Furthermore, it points to the elements of self-constitution of the absolute and of the latter’s grounding relation towards the contingent. Finally, it is argued that Cusanus’ concept of non-aliud offers a valuable contribution to the present debate about an adequate concept of God.

In this paper, I develop a comparison between the philosophies of Husserl and James in relation to their concepts of experience. Whereas various authors have acknowledged the affinity between James’ early psychology and Husserl’s phenomenology, the late development of James’ philosophy is often considered in opposition to Husserl’s transcendental phenomenology. This is because James’ radical empiricism achieves a non-dual dimension of experience that precedes the functional division into subject and object, thus contrasting with the phenomenological analysis of the dual (...) structure of intentionality. However, I argue that the later “genetic” development of phenomenology converges with some central aspects of James’ radical empiricism. This is because genetic phenomenology leads us to conceive of the flow of primal impressions as a fundamental dimension of experience that precedes the subject-object duality and is at the base of the process of co-constitution of the subject and the object in reciprocal dependence. At the same time, Husserl conceives of the impressional core of experience as structured by formal conditions that depend on the concrete constitution of an embodied subject. For this reason, I argue that Husserl’s genetic phenomenology can complement James’ radical empiricism, thus leading to the development of the doctrine of pure experience as a form of empirical and not metaphysical realism. (shrink)

Descartes' demon is a deceiver: the demon makes things appear to you other than as they really are. However, as Descartes famously pointed out in the Second Meditation, not all knowledge is imperiled by this kind of deception. You still know you are a thinking thing. Perhaps, though, there is a more virulent demon in epistemic hell, one from which none of our knowledge is safe. Jonathan Schaffer thinks so. The "debasing demon" he imagines threatens knowledge not via the truth (...) condition on knowledge, but via the basing condition. This demon can cause any belief to seem like it's held on a good basis, when it's really held on a bad basis. Several recent critics grant Schaffer the possibility of such a debasing demon, and argue that the skeptical conclusion doesn't follow. By contrast, we argue that on any plausible account of the epistemic basing relation, the "debasing demon" is impossible. Our argument for why this is so gestures, more generally, to the importance of avoiding common traps by embracing mistaken assumptions about what it takes for a belief to be based on a reason. (shrink)

In this paper I intend to analyse whether a certain kind of physicalism (part-wholephysicalism)is supported by what classical mechanics and quantum mechanics have to say about the part whole relation. I will argue that not even the most likely candidates – namely cases of microexplanation of the dynamics of compound systems – provide evidence for part whole-physicalism, i.e. the thesis that the behaviour of the compound obtains in virtue of the behaviour of the parts. Physics does not dictate part-whole-physicalism.

The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and the legal (...) order based on it was accepted as the most important aspect for determining the order of primacy. In respect of the direct aims of activities of public authorities and more broadly – of the aims of subjects whose activities are defined by the constitution – the primary value should be common good understood as certain social conditions of life which support human development. It defines the space in which other constitutional values, also human dignity, are integrated. Human dignity, however, the primary value defining human being, gives the reason why human development is a first and autonomous aim of the constitutional order. In this respect dignity has priority before common good. -/- Autor stawia pytanie o to, którą z fundamentalnych wartości konstytucyjnych – dobro wspólne czy godność człowieka – można uznać za wartość pierwszą i stanowiącą podstawę spójności aksjologicznej Konstytucji RP z 2 kwietnia 1997 roku. Wskazane są zasadnicze racje przemawiające za uznaniem każdej z tych wartości za wartość pierwszą i identyfikowane są zasadnicze relacje zachodzące między tymi wartościami. Za aspekt najistotniejszy dla ustalenia pierwszeństwa którejś z tych wartości uznana jest doniosłość danej wartości dla określenia celu konstytucji i opartego na niej porządku prawnego. Z punktu widzenia bezpośredniego celu działań władzy publicznej i szerzej – podmiotów, których działanie wyznaczone jest porządkiem konstytucyjnym, wartością tą jest dobro wspólne wyznaczające przestrzeń, w której integrowane są inne wartości konstytucyjne, z godnością włącznie. Dobro wspólne jest celem porządku konstytucyjnego ze względu na godność człowieka, która czyni jego rozwój pierwszym i szczególnym – autotelicznym dobrem. W tej perspektywie godność ma pierwszeństwo przed dobrem wspólnym. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in (...)relation to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

Philosophers and psychologists have advanced a plethora of explanations of the self in relation to narratives, positing varying degrees of connection between them. For some, narratives created by a subject about herself shape her self-constitution (Flanagan 1991; Fivush 1994). For others, they help the subject to participate in social cognition (Hutto 2008). Some represent narratives as merely one basis of personal identity and consider them cognitive tools used by the subject to construct self-concepts (Neisser 1997; Tekin 2011); others (...) render narratives the basis for self-constitution (Dennett 1992; MacIntyre 1981; Schechtman 1996). Some require that the subject create her ‘whole life narrative’ unifying her .. (shrink)

Are materially constituted entities, such as statues and glasses of liquid, something more than their material constituents? The puzzle that frames this paper stems from conflicting answers to this question. At the core of the paper is a distinctive way of thinking about material constitution that posits two concepts of constitution, compositional and ampliative constitution, with the bulk of the discussion devoted to developing distinct analyses for these concepts. Distinguishing these concepts solves our initial puzzle and enriches (...) the space of possibilities for constitution views. (shrink)

Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously (...) reforming philosophizing by transcendental reduction is revisited, leaving the latter incomplete as new conversions are required by noetic-noematic correlations between world and consciousness. (shrink)

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all that is (...) needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

A recent trend in Husserl scholarship takes the Logische Untersuchungen (LU) as advancing an inconsistent and confused view of the non-conceptual content of perceptual experience. Against this, I argue that there is no inconsistency about non-conceptualism in LU. Rather, LU presents a hybrid view of the conceptual nature of perceptual experience, which can easily be misread as inconsistent, since it combines a conceptualist view of perceptual content (or matter) with a non-conceptualist view of perceptual acts. I show how this hybrid (...) view is operative in Husserl’s analyses of essentially occasional expressions and categorial intuition. And I argue that it can also be deployed in relation to Husserl’s analysis of the constitution of perceptual fullness, which allows it to avoid a objection raised by Walter Hopp—that the combination of Husserl’s analysis of perceptual fullness with conceptualism about perceptual content generates a vicious regress. (shrink)

In this paper we characterize the body as constitutively open. We fi rst consider the notion of bodily openness at the basic level of its organic constitution. This will provide us a framework relevant for the understanding of the body open to its intersubjective world. We argue that the notion of “bodily openness” captures a constitutive dimension of intersubjectivity. Generally speaking, there are two families of theories intending to characterize the constitutive relation between subjectivity and intersubjectivity: either the (...) self is considered as being constituted prior to, and as a condition of, its potential relation to the outside world, or, contrastively, the self is considered as being constituted as a result of its relations with the outside world. Here, we pursue a conciliatory path, as we intend to show that these two positions are not necessarily in opposition to each other. But how can selfhood/subjectivity be both and at the same time primary and secondary, relative to otherness/ intersubjectivity? Stated thusly, the question seems to border on incoherence but our intention here is to reconsider it in a framework that allows for the dissolution of this opposition. In particular, we will characterize the relational autonomy of the self : neither fully enclosed “inside” nor fully dissolved in or determined by what’s “outside”, the bodily self is best characterized by its fundamental “openness”, which we will explore in a framework where autonomy and relationality are not contradictory but co-constitutive dimensions. (shrink)

This article covers the different stages of the constitution of the person that goes beyond selfishness and self-affirmation and is formed as the inseparable unity of the metaphysical subject that is expressed in the "Other-in-the same" and "Being-for-the-other". This leads one to say that the person is intrinsically relation and exteriority that is realized in the language that transcends the inner self. This relationship, considered internally as a footprint, and in the exterior as visage, invokes a third party (...) that establishes and holds it. The person is shown as an asymmetrical relationship that I call triadic. (shrink)

Nineteenth century Christian thought about self and relationality was stamped by the reception of Kant’s groundbreaking revision to the Cartesian cogito. For René Descartes (1596-1650), the self is a thinking thing (res cogitans), a simple substance retaining its unity and identity over time. For Immanuel Kant (1724-1804), on the other hand, consciousness is not a substance but an ongoing activity having a double constitution, or two moments: first, the original activity of consciousness, what Kant would call original apperception, and (...) second, the reflected self, the “I think” as object of reflection. Both are essential to the possibility of an awareness of a unified experience. Such an awareness is achieved only insofar as the self is capable of reflecting on its activity of thinking. As such, the possibility of self-consciousness, or the capacity to reflect on one’s own acts of thought is essential to the constitution of the self. This new model of the mind became the starting point to the thought of central 19th century figures such as Friedrich Schleiermacher (1768-1834), J. G. Fichte (1762-1814), Friedrich Hegel (1770-1831) and Søren Kierkegaard (1813-1855). This chapter will explore their reception of Kant’s model of self-consciousness, the controversies surrounding its development and exposition, and the advantages of this model for theological reflection. The idea of mind as essentially capable of reflection provided an account of how the self can stand in an ontologically immediate relation to God constitutive of the self, while at the same time allowing that the self’s consciousness of itself is distinct from this original moment, so that a limited or false consciousness of self is possible. As such the task of the self is to recognize (that is, to realize in and through self-consciousness) who it most truly is, both in relation to God, and in relation to self and other. (shrink)

I experience the world as comprising not only pluralities of individual persons but also interpersonal communal unities – groups, teams, societies, cultures, etc. The world, as experienced or "constituted", is a social world, a “spiritual” world. How are these social communities experienced as communities and distinguished from one another? What does it mean to be a “community”? And how do I constitute myself as a member of some communities but not of others? Moreover, the world of experience is not constituted (...) by me alone, nor am I myself the final arbiter of what is true or false about it, of what is good or bad about it, etc. Constitution is an intersubjective achievement: “we” – I with others – constitute the world. Thus, the world is not only constituted as including interpersonal communal unities, but it is also constituted by these communities: groups, teams, societies, cultures, etc. are themselves "we-subjects”, Husserl says, communally constituting the world of their common engagement. But what is communal, as opposed to individual, constitution and how is it achieved? And what sense is to be made of the notion of plural, collective, "we-subjects", communally constituting a common world? (shrink)

We experience our encounters with the world and others in different degrees of intensity – the presence of things and others is gradual. I introduce this kind of presence as a ubiquitous feature of every phenomenally conscious experience, as well as a key ingredient of our ‘feeling of being alive’, and distinguish explanatory agendas that might be relevant with regard to this phenomenon (1 – 3). My focus will be the role of the body-brain nexus in realizing these experiences and (...) its treatment in recent accounts of the bodily constitution of experience. Specifically, I compare a sensorimotor approach to perceptual presence that focuses on properties of the moving body (O’Regan 2011; Noë 2012) with a more general enactivism that focuses on properties of the living body (Thompson 2007). First, I develop and discuss a theory of access derived from sensorimotor theory that might be suited to explain the phenomenon of gradual presence. This is a theory that sees the mastery of sensorimotor, bodily engagements with the world as key elements in setting up a phenomenal experience space. I object that in current versions of sensorimotor theory the correlation posited between presence and changes in the subject’s physical relation to the environment is too rigid. Nevertheless I defend the claim that gradual presence is constituted by our temporally extended engagement with the environment (4 – 7). Second, I consider some objections stemming from enactivism with regard to self-regulatory properties of the living body and the phenomenological claim that the organism’s value-laden relations with its environment have to be included in the theory. I will show that the latter is a necessary amendment to sensorimotor theory and its concept of gradual presence (8-10). (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

Our day-to-day experience of the world regularly brings us into contact with middlesized objects such as apples, dogs, and other human beings. These objects possess observable properties, properties that are available or accessible to the unaided senses, such as redness and roundness, as well as properties that are not so available, such as chemical ones. Both of these kinds of properties serve as valuable sources of information about our familiar middle-sized objects at least to the extent that they enable us (...) to understand the behaviours of those objects and their effects on each other and on us. I see the apple on the table before me, and in doing so I see its redness, its roundness, and so on. I do not see, but know that it has, a certain chemical constitution. The knowledge gained of the apple by means of both properties tells me something about the nature of that apple. In general, most, if not all, of the properties that objects in the observable world possess serve as the basis of our knowledge of such objects. But the subject-predicate form of much of our discourse and thought about objects suggests that substances are one kind of thing, properties another. We use subject terms such as names to identify objects, predicate terms to attribute properties to them. What, then, is it for an object to have a property? And what is the relation between an object and its properties? (shrink)

The theory and philosophy of history (just like philosophy in general) has established a dogmatic dilemma regarding the issue of language and experience: either you have an immediate experience separated from language, or you have language without any experiential basis. In other words, either you have an immediate experience that is and must remain mute and ineffable, or you have language and linguistic conceptualization that precedes experience, provides the condition of possibility of it, and thus, in a certain sense, produces (...) it. Either you join forces with the few and opt for such mute experiences, or you go with the flow of narrative philosophy of history and the impossibility of immediacy. Either way, you end up postulating a mutual hostility between the nonlinguistic and language, and, more important, you remain unable to account for new insights and change. Contrary to this and in relation to history, I am going to talk about something nonlinguistic—historical experience—and about how such historical experience could productively interact with language in giving birth to novel historical representations. I am going to suggest that, under a theory of expression, a more friendly relationship can be established between experience and language: a relationship in which they are not hostile to but rather desperately need each other. To explain the occurrence of new insights and historiographical change, I will talk about a process of expression as sense-formation and meaning-constitution in history, and condense the theory into a struck-through “of,” as the expression of historical experience. (shrink)

Validity of physical laws for any aspect of brain activity and strict correlation of mental to physical states of the brain do not imply, with logical necessity, that a complete algorithmic theory of the mind-body relation is possible. A limit of decodability may be imposed by the finite number of possible analytical operations which is rooted in the finiteness of the world. It is considered as a fundamental intrinsic limitation of the scientific approach comparable to quantum indeterminacy and the (...) theorems of logical undecidability. An analysis of these limits, applied to dispositions of future behaviour, suggests that limits of decodability of the psycho-physic relation may actually exist with respect to brain states with self-referential aspects, as they are involved in mental processes. Limits for an algorithmic theory of the mind-body problem suggested by this study are formally similar to other intrinsic limits of the scientific method such as quantum indeterminacy and mathematical undecidability which are also related to self-referential operations. At the metatheoretical level, hard sciences, despite their reliability, universality and objectivity, depend on metatheoretical presuppositions which allow for multiple philosophical interpretations. -/- . (shrink)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, (...) or social justice and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

In this paper I aim to show that the issue of the constitution of time in Husserl’s thought can not be fully exhausted by a descriptive analysis of the immanent level of consciousness and it rather asks for a deeper search at a pre-immanent (and pre-subjective) level. The way Husserl developes his interpretation regarding the constitution of time leads the descriptive (phenomenological) method to an impasse. Because of this, the Husserlian analysis proceeds to some techniques which bear on (...) what some commentators called a constructive phenomenology. The central point that I argue for in this study is that the premise from which Husserl starts his examination of the constitution of time is ab initio problematic or debatable: that is, consciousness forms the origin of time and one could reach this source by following the path oppened by descriptive analysis. I will hold that time rather originates in the encounter between consciousness and objects or between consciousness and other consciousness (i.e. founded/originated in a relation). (shrink)

This chapter examines the relation of the Human Development or Capability Approach to liberal political theory. If development is enhancement of capabilities, then this chapter adds that development is human and social: development includes (1) the creation of value as a social process that is (2) a dialectical product of people in their relations. Specifically: (1) The place of the individual within political theory must be revised if the political subject is, as Carol Gould argues, an “individual-in-relations” rather than (...) an autonomous individual agent. (2) New possibilities for valuation are also relational: value is created dialectically along with those possibilities through processes that may be modeled on Denis Goulet’s account of dialectical recognition. These axiological claims hold importance for the place of democratic participation in just politics and development. Building upon David Crocker’s work, this chapter argues that just politics may require a participative approach that is undercut by Martha Nussbaum’s suggestion that a list of central capabilities should guide the drafting of national constitutions. The assimilation of the indigenous concept sumak kawsay to the ideal of buen vivir within Ecuador’s constitution is illustrative, suggesting that prior specification (a list) may limit and distort the dialectical generation of new capabilities. (shrink)